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HomeMy WebLinkAboutR-2022-010 Resolution ratifying a grant application to the Washington State Department of Commerce for funding to support Group Violence Intervention StrategiesA RESOLUTION and RESOLUTION NO. R-2022-010 ratifying an Interagency Agreement with the Washington State Department of Commerce to provide Justice Assistance Grant funds to reduce gun and gang violence in Yakima County. WHEREAS, the City Council is committed to reducing violent crime in the community; WHEREAS, the Washington State Department of Commerce has funding available to support local efforts to reduce gun and gang violence; and WHEREAS, the City of Yakima's Police Department, in cooperation and coordination with the Dispute Resolution Center of Yakima and Kittitas Counties, will provide the federal eligibility documents to utilize these grant funds to execute a prepared plan to reduce gun and gang violence as part of the Project Safe Neighborhood and Walk About Yakima programs; and WHEREAS, the City will be awarded Three Hundred Eleven Thousand Five Hundred Twenty ($311,520) dollars in grant funds to be used to carry out this purpose; and WHEREAS, the City Council finds it to be in the best interest of the City and the health, safety and welfare of the City's residents to accept the grant funds and enter into an Interlocal Agreement with the Department of Commerce to continue the programming outlined therein; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager's is authorized to accept $311,520.00 in grant funding from the Washington State Department of Commerce to reduce gun and gang violence in Yakima. 2. The City Manager is authorized to execute the Interagency Agreement between the City of Yakima and the Washington State Department of Commerce to provide grant funding to the City of Yakima to address gun and gang violence, and any other documents necessary to effectuate the grant agreement and award of the grant, including, but not limited to, the documents in the federal eligibility package provided to the City by the Department of Commerce. Any signatures already made are hereby ratified by this Resolution. ADOPTED BY THE CITY COUNCIL this 18th day of January, 2022. nice Deccio, Mayor ATTEST: Sonya Claar Tee, City Clerk uuLuolyri CJUJIJUGLII--.2.7/ 4-06.04-1-.2JLJI...a1.0l./JULI Interagency Agreement with through For City of Yakima Justice Assistance Grant To reduce gun and gang violence in Yakima County Start date: January 1, 2022 ""°""e"=°ul"pt:"^"""""="'��'=�=^�^"�'°°°^=�°^""' TABLE OF CONTENTS Special Terms and Conditions 1. Authority ...... 2. Acknowledgement of Federal Funding~-x.._----^^v..__=_."_°-..°^=_^.°.^^~1 3. Contract Management ........................... .__.,........ -~...... _~~.__-'-.^_'.^'-_=.~`1 4. Compensation 5. Expenses ....... G. Indirect Costs 7. Billing Procedures and Payment .^......... =--_............ ,1 8. Subcontractor Data Collection ............... -.~~-°.... ^...... 2 Q. Audit ....... .................2 10. Debarment .""^_--°_=_�. ...............2 11. Insurance ............. ......~~`3 General Terms and Conditions 1. Definitions ............................................................ _,~_........................ ~~,,°_4 2. All Writings Contained Herein _~_=__,_,_,=^,°....... 4 3. Anlendnlente------------------4 4. Aosignrment-------------------~~°~.~__................ °4 5. Confidentiality and Safeguarding of | ,°__~_,4 G. Copyright 7. Disputes _°~...... .°^~~__,............. _~_~,5 8. Governing Law and Venue ,--- ...... ...... ._~,°__.=_,_,=~,5 Q. Indemnification ..,�°~_~~^-...... ~.=°_.~-_~__6 10. Licensing, Accreditation and Registration ........... _,_=-".^....... ........ ,.--........ e 0 11. Recapture . .~._,.~_.,........ --- ...... 8 12. Records Maintenance ........................................ _~,......... ---- ...... 8 13. Savings ......... 6 14. Sexenabi|hx _=............. ......8 15. Subcontracting ..~,..,^~^,~~..~_"._,,,~..__,~~,8 16. Survival 7 17. Termination for Cause 7 18. Termination for Convenience .............................. ~.~_�~,°-~...._..~_..~._~-~_~',.7 10. Termination Procedures ~...,.°,,.°~,~.^_,7 20. Treatment cfAssets 8 Attachment A, Scope of Work Attachment B,Budget LJULUJI 11CI I VCIIJpe ILJ, Ul/JUOICUr-JJ I U9 • I L-OGLY-1-1-JJLJUPIOLJOUL/ / FACE SHEET Contract Number: F19-31440-004 Washington State Department of Commerce Community Services and Housing Division Office of Firearm Safety and Violence Prevention — Public Safety Unit Justice Assistance Grant 1. Contractor City of Yakima Police Department 200 S. 3rd Street Yakima, WA 98901 3. Contractor Representative Tory Adams Lieutenant/Grant Manager Phone: 509-728-8297 tory.adams@yakimawa.gov 5. Contract Amount $311,520 6. Funding Source 2. Contractor Doing Business As (optional) Walk About Yakima 4. COMMERCE Representative Abigail Snyder Program Manager 360-515-6205 Abigail.Snyder@commerce.wa.gov P.O. Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 Federal: I State: Other: IJ N/A: 7. Start Date January 1, 2022 8. End Date September 30, 2022 9. Federal Funds (as applicable) Federal Agency: CFDA Number: Indirect Rate (if applicable): $311,520 Department of Justice 16.738 10. Tax ID # 91-601293 11. SWV # 0007122-03 12. UBI # 397-005-272 14. Contract Purpose To reduce gun and gang violence in Yakima County using a multi -component strategy. Not Applicable 13. DUNS # 078212651 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work, Attachment "B" — Budget FOR CONTRACTOR ,--DocuSigned by: Nuf Oloiwt„ NaPP*0 Yakima City Manager 1/25/2022 I 8:48 AM PST Date 0 FOR COMMERCE e---DocuSigned by: Ratct_ itimA6 fokkbetzilAssistant Director 1/25/2022 I 9:09 AM PST Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 07/17/2019. APPROVAL ON FILE. ""^"=y"""',="pc 1"."°"""="'-"=°°=^°^"°~"^"^"""°""' P19-31440-004 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFWN0S 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant bothe authority granted by the |ntadooa| Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENTOPFEDERAL FUNDS Federal Award Date: October 1.2O1Q Federal Award Identification Number (FA|N): 2019'CU-BX-0035 Total amount ofthe federal award: $3.303.848 Awarding official: yNmttOummermuth The Contractor agrees that any publications (vvrittmn, vieua|, or sound) but excluding pnaoo ne|aasee, newsletters and issue ona|ysos, issued by the Contractor describing programs orprojects funded in xvhn|m or in part with federal funds under this Contnyot, shall contain the following statements: "This project was supported by Grant No. 2010'OJ'BX-0035 awarded by Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Department of Justice. Grant funds are administered by the Office of Firearm Safety & Violence Prevention — Public Safety Unit, Washington State Department ofCommonom.^ 3~ CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 4. COMPENSATION COMMERCE shall pay an amount not to exceed $311,520 for the performance of all things necessary for orincidental tothe performance cf work under this Contract oeset forth inthe Scope ofWork. 5. EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized ex9onaoo aho|| not exceed $311.520. which amount is included in the Contract total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence nooaaeory during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 6, INDIRECT COSTS Contractor shall provide their indirect cost noba that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (K8TOC)will boused. 7. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE at least quarterly, but, not more often than monthly. The invoice shall include the Contract Number F1D-3144O-OO4. Interagency Agreement Page I I ""^""e"F-"'"="p"'`^"""""="'�"'�°=^°""°~""�^"°""""' F1 9-31440-004 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS Payment shall be considered Umok/ if made by COMMERCE within thirty (30) calendar days after receipt ofproperly completed invoices. COMMERCE may, in its sole diooreUon, terminate the Contract orwithhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall bamade bvCOMMERCE. Invoices and End ofFiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices fora aboba fiscal year may be duo sooner than the 20th and Commerce will provide noUficaUonoftheendoffiooa|yearduedote- The gnonbaa must invoice for all expenses from the beginning of the Contract through June 30. regardless ofthe Contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for oen/ioeo performed under this Agreement, and COMMERCE shall not pay the Contractor. if the Contractor is entitled to payment or has been or will be paid by any other source, including gnsnhs, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization orthat ofits subcontractors. 8' SUBCONTRACTOR DATA COLLECTION. Contractor will submit maportm, in a form and format to be provided by Commerce and at intervals as o0naod by the partimo, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by oubcontnmotom, including but not necessarily limited tominorib/-ownmd.womnn-owned.andvmbansn'ovvnadbunineoaaubcontnactmrs.''Subcontnoobzrs''sho|| mean subcontractors ofany tier. 9. AUDIT If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501. reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued bythe auditor, B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources inany fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation tuaudhre/ rce,wazgov. 10' DEBARMENT A. Contnsctor, defined as the primary participant and it prinoipa|o, certifies by signing these General Terms and Conditions that tothe best ofits knowledge and belief that they: i. Are not presently dabnrred, ounpanded, proposed for debarment, declared ine|igib|a, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within athree-year period preceding this Contnaot, been convicted oforhad a civil judgment rendered against them for commission of fraud or a criminal offense in Interagency Agreement Yu&o|3 "UL=01y11=1J,"1Upk-,1`^"""""�"'~°'��=^�^"°`°""^°"""""' F19-31440'004 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS connection with obtaining, attempting to obtain, or performing a public or private agreement or tranoacUon, violation of Federal or State antitrust nbsbuten or commission of mmbmzo|mment, theft, forgary, bribary, falsification or destruction of nouonde, making hs|sa obybammnto, tax evasion, receiving stolen proparty, making ha|oa c|aims, or obstruction of ]usUce� iii Are not presently indicted for orotherwise criminally orcivilly charged by a governmental entity (Federal, State, or local) with commission of any of the ofh*naan enumerated in paragraph (1)(b)offederal Executive Order 1254S;and iv. Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. VVhmna the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach anexplanation tothis Contract. C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier covered transaction with o person who is dobarnad, auapnnded, declared ina|igib|m, or voluntarily excluded from participation inthis covered tnan000Uon, unless authorized by COMMERCE. D. The Contractor further agrees by signing this Contract that it will include the c|oueo titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exc|ueion'LoxvarTier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is presently debarmad, suspanded, proposed for debarment, dao|anad ine|igib|a, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Contractor iaunable bncertify toany mf the statements inthis Contract, such Contractor shall attach anexplanation bothis Contract. E. The terms covered transaction, debsrmmd, suspended, ineligible, |o*vmr tier covered transaction, pmmmmm, primary covered transaction, principal, and voluntarily exc|mded, as used in this section. have the meanings mot out in the Definitions and Coverage sections of the rules implementing Executive Order 12548. You may contact COMMERCE for oseisbonoa in obtaining a copy of these regulations. 11' |N�0���kN��E � Each party certifies that it is oe|Anounad under the Stabe's or local government self-insurance liability program, and shall boresponsible for losses for which itiofound liable. 12. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence inthe following order: • Applicable federal and state ofWashington statutes and regulations • Special Terms and Conditions • General Terms and Conditions '• AtbachmentA—GcopeofVVnrh • Attachment B—Budget Interagency Agreement Puge|3 F19-31440+004 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUN0S 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Roproaentativa^ shall mean the Director ufthe Department nfCommerce and/or the designee authorized in writing boact on the Director's behalf. B. "COMMERCE" shall mean the Department ofCommerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contraohor, including any attachments, dooumenb*, or materials incorporated by reference. E-mail or facsimile transmission of signed copy of this Contract shall be the same as delivery of an original. D. "Contractor" ohoU mean the entity identified on the face sheet performing service(s) under this Contraot, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable toany penaon, ino|uding, but not limited to, information that relates hom peraon's name, haa|th, finmnoes, oducotion, businoos, use orreceipt of governmental services or other aoUviUon, oddneooeo, telephone numbera, 000io| security numbars, driver license numbers, other identifying numbena, and any financial identifiers. F. "State" shall mean the state ofWashington. G. "Subcontractor" shall moan one not in the employment ofthe Contnactor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms ''aubcontnacto/'and''uuboontnyutora^meenoubuuntnaotor(a)inanytier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other underotandinga, ons| or otherwise, regarding the subject matter ofthis Contract shall be deemed to exist ortobind any ofthe parties hereto. 3. .AMENDMENTS This Contract may be amended by mutual agreement ofthe parties. Such amendments ohm|| not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contnact, work thereundor, nor any claim arising under this Contrmot, ohm|| be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" aoused inthis section includes: i All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii, All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, ehehng, tronnfor, om|e, or diaokmuna of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and ahoU not use, ehora, tnonsfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, oharing, tranofer, ma|o or disclosure of Confidential Information or violation of any state or federal |owa related thereto. Upon request, the Interagency Agreement puge|4 ""^"01y11"1,"1Uv"'`^"""""="'`='°°=^�^"°~""�^°°""""' F19-31440'004 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALF0NDS Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures, The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably dmbemninmo has not been mdaquoba|y protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)vvorhin0 days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps tnmitigate the harmful effects ofsuch use nrdisclosure. 6. COPYRIGHT - Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author ofsuch Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright |avvo. the Contractor hereby irrevocably assigns all right, dt|a, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment ofcreation ufsuch Materials. ^K8atoho|o^ means all items in any format and inn|udoa, but is not limited to, data, neporto, documanto, pamph|ets, odverUsmmmnhs, boohs, mogazinen, surveys, mdudiao, computer proQnams, fi|rne, bapeo, and/orsoundrepnoductiono.^Ownernhip^ino|udmntheri0htb000pyright.potenLnegiobarondthombi|ib/ totransfer these rights. For Materials that are delivered under the Controct, but that incorporate pre-existing materials not produced under the Contract. the Contractor hereby 0nonte to COMMERCE a nonaxc|usivo, royalty - free, irrevocable license (with rights to sublicense toothers) in such Materials totranslate, nepnoduce, diotribuba, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and pmrmissions, including intellectual property riQhhs, moral rights and rights of publicity, necessary hogrant such a license toCOMMERCE. The Contractor shall exert all n0000nab|o effort to advise COK8y@ERCE, at the time ofdelivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any N1atario|o delivered under this Contract. COMMERCE shall have the right to modify orremove any restrictive markings placed upon the Materials by the Contractor. 7. 'DISPUTES ' In the event that n dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner Each party hmthis Agreement shall appoint one member hnthe Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and mpp|iomb|o statutes and rules and make determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination ofthe Dispute Board shall be final and binding onthe parties hereto. Am on alternative to this pnoceoo, either of the parties may request intervention by the Govmrnor, as provided byRCVV4317.33O.inwhich event the Governor's process will control. 0. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. Interagency Agreement PuDe|5 ""^"oly"=",="v"'`^"""""="'~~'��=^�^"�'"^"^"°""""' F19'31440-004 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable |oon|, stoha, and federal |icemsing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11'|1RECApTWFkE In the event that the Contractor fails to perform this Contract in accordance with abaha laws, federal |amm, and/or the provisions of this Contnyot. COMMERCE nosameo the right to recapture funds in on amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law orin equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12.,RECORDS MAINTENANCE The Contractor shall maintain booka, records, documents, data and other evidence no|oUng to this contract and performance of the aen/i000 described henain, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended inthe performance ofthis Contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be subject at all reasonable times to inspention, review oraudit by COyNN1ERCE, personnel duly authorized by COMMERCE, the Office of the State Audihor, and federal and obaba officials no authorized by |ovv. regulation oragreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13'SAVUNGS In the event funding from sbobo, fodono|, orother sources is withdrawn, naduood, or limited in any way after the effective data of this Contract and prior to normal comp|otinn. COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" o|auoe, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERAB|LITY The provisions of this Contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatooaver, such illegality or invalidity ahoU not affect the validity of the remainder of the Contract. 15.SWBCONTRACT|NG The Contractor may only subcontract work contemplated under this Contract if itobtains the prior written approval ofCOMMERCE. If COMMERCE approves subcontracting, the Contractor oho|| maintain written procedures na|ahsd to nuboontnocting, as well as copies of all subcontracts and records ro|obod to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate bothis Contract; (b) prohibit the Contractor from subcontracting with o particular person or entity; or (o) require the Contractor to rescind or amend o subcontract. Every subcontract shall bind the Subcontractor to follow all applicable tmrnne of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term Interagency Agreement Pugc|6 F19-31440'004 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUN0S or condition of this Contract. The Contractor ohmU appropriately monitor the activities of the Subcontractor to assure fieoo| conditions of this Contract. In no event ahoU the existence of o subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach inthe performance ofthe Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16'.SWRVIVAL The barme, oondiUona, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this Contract. Before suspending or terminating the Contract, COMMERCE shall notify the Contractor in writing of the need to boko corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated orsuspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement orcover contract and all administrative 000ba directly related to the replacement contract, e.g., cost of the competitive bidding, mai|ing, advertising and staff time. COMMERCE reserves the right to suspend all or part ofthe Contnaot, withhold further paymento, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action bythe Contractor ora decision by COMMERCE to terminate the Contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her contno|, fault or negligence. The rights and remedies of COMMERCE provided in this Contract are not exclusive and are in addition hoany other rights and remedies provided bylaw, 18'TEFK80UNATUO�F��F0����N�yENUEN��E � Except as otherwise provided in this Contnact. COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so herminated. COMMERCE shall be liable only for payment required under the bemna of this Contract for services rendered or goods delivered prior to the effective data of termination. 19.TER88|NATyON PR��K�E0W��S ^ Upon termination of this Contract, COMMERCE, in addition to any other rights provided in this Contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. The provisions of the "Treatment ofAssets" clause shall apply insuch property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately otabad, for completed work and services accepted by CON1K8ERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed vvmrh and omn/icmo. (iii) other property orservices that are accepted by C[)K8K8ERCE. and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree vvithouchdmterminabonsho||baadioputaxvithinthememnin0ofthm^Oisputam''c|ouneofthioControot. COMMERCE may withhold from any amounts due the Contractor such sum an the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. Interagency Agreement Page | 7 ""^""e"F-1',"Upv'`+""°""="'°°'"--+"'' F1 9-31440-004 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FE0ERALFWNDS After receipt of a notice of temninaUon, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the Contract onthe date, and bnthe extent specified, inthe notice; B. Place no further orders orsubcontracts for mabarin|s, amn/i000, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated; C. Assign to COK8yNERCE, in the manner, at the Umao, and to the extent directed bythe Authorized RepnsaenboUvo, all of the rights, dUa, and interest of the Contractor under the orders and subcontracts soterminated, in which case COMMERCE has the right, atits discretion, tosettle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding |imbi|idma and all claims arising out of such termination of orders and oubcontnaota, with the approval or ratification ofthe Authorized Representative to the extent the Authorized Representative may noquino, which approval or ratification oho|| be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Contract had been completed, would have been required tobefurnished toCOMMERCE; F. Complete performance ofsuch part of the work aoshall not have been terminated bythe Authorized Representative; and G. Take such action as may be noceoaary, or as the Authorized Representative may 6imact, for the protection and preservation of the property related to this Contnaot, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TE�E��8H��T�����SS ' Title to all property furnished by COMMERCE ahmU remain in COMMERCE. Title to all property furnished bythe Contractor, for the cost nfwhich the Contractor isentitled to be reimbursed aoodirect item of cost under this Contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance ofthis Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement ofthe cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, un|aoa otherwise provided herein or approved by COMMERCE, be used only for the performance of this Contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination orcancellation ufthis Contract All nafenanom to the Contractor under this o|muoo shall also include Contractor's emp|myoon, agents or Subcontractors. 21.WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such inwriting and signed byAuthorized Representative ofCOMMERCE. Interagency Agreement Page | 8 ""^""e"F-11v"nup"'`^""°""=""°°'°°"'^°^"°�"""^"°°"""' F19'31440-004 Attachment A Scope of Work Walk About Yakima (WAY) is the culmination of a multi -year initiative to engage local and federal law enforoament, prosecuting outhohUao, and community partners buouotainab|yreduce gun and gang violence in Yakima County using a multi -component strategy. In Septombor, we will complete our pilot year. WAY is a partnership between the Yakima Police Department (YPD), the Dispute Resolution Center (ORC).Juvenile Court (JC)and Union Gospel Mission's Madison House. The primary aim ofthe WAY program is to reduce gang -related gun violence inthe city ofYakima. The YPD provides data bzthe program that identifies those at highest risk of becoming incarcerated for gun violence or for being killed by gun violence. Program aboff. led my Madison Houme, reach out to individuals identified with YPO data and offer wrap -around services that provide customized support to those who opt -in to the program. Program participants are provided a minimum of 6-months of intervention services, effectively neutralizing their participation in violent crime. Services are designed to enable them to permanently exit criminal involvement, including gang involvement. The Yakima Police Department's (YPD) focused deterrence program has identified individuals at high risk of perpetuating gun/gang violence within our community. To reduce violent crime, the YPD program has partnered with Walk About Yakima (WAY) to provide services to deter and prevent gun/gang violence. The YPDutilizes anevidenced-based risk assessment that mathematically identifies those mt the highest risk of committing violence and gun crimes in the city. The assessment is based on established criminological risk factors strongly predictive of future violent and gun -related crime, and the scoring process was designed hoassist law enforcement toquickly and effectively identify those high -risk The WAY team includes credible messenger mentors who have lived -experience in the gang lifestyle and proven track -record of working to help others exit gang activity. The WAY team is comprised of three credible messenger/mentors, two services coordinators who match services to program participants, a systems coordinator who interfaces with law -enforcement and community partners, and a supervisor. The WAY team initiates custom notification meetings with identified individuals, consistent with the Department ofJustice and Project SehaNmi0hboMhoodmEaatennDiotrictofVVaahin0bun StrategicAcUon Plan. Custom notification is a standard method in which individualized, focused deterrence messages are delivered to those at high risk of incarceration or death from gun violence. Custom notification alone has proven bobooneffective intervention ingang communities. Credible messengers/mentors provide identified individuals the opportunity to opt -in to the WAY program, Those who opt inreceive wrap -around services that are customized toeach program participant to meet their specific needs and goals, including shelter, transportation, food, employment, education, childcare, nu|oonbon, o|othing, mental hno|bh or addiction tnaedmmnt, and assistance accessing identification documents. Evidence -based mental -health interventions are further provided by Credible Messenger/mentors who are coached by the University of Washington Department of Psychiatry and Behavioral Health. Mental haa|th/bohoxiormodificaUon skills include techniques used in dio|ooUoo| behavioral therapy, mu|tisyatonniu theropy, feelings nogu|ation, and relapse prevention. The university's psychiatry and behavioral health department has determined that interventions will be best received if implemented by credible messengers/mentors rather than bytraditional mental health providers. Contractors include program advisors from the University of Washington, Department of Psychiatry and Behavioral Health, a dedicated Juvenile Court probation counselor, and UGM Madison House. Interagency Agreement Page 19 ""=01Y11=",="pt-'".""°""="'°"'�°"'^�^~~'°^"^"°"°""' F19-31440-004 Attachment A Scope of Work OUTCOME 1:Use Yakima municipal data toidentify 35-4Oindividuals most cdrisk ofperpetrating gun violence inYakima County. Performance measure: The YPID Spillman data analyst generates a rolling list of youths and adults most likely toperpetrate gun violence during the 12-month program period —at least, but not limited bo35'4D OyTCO8NE2: Provide notification meetings hn25-3O at -risk individuals identified byYakima municipal data. The pilot year of the program evidenced that 76% of individuals notified opted -in to the program, vvheno25 individuals received custom notification and 1Sindividuals received services. Performance measure: Twenty-five ho30individuals identified aamost etrisk ofperpetuating gun violence will receive custom notification within the first 2 months of the program period and on an ongoing basis throughout the program period until 25-30 are notified. At -risk youths and adults will be notified by the WAY team that there will be enhanced consequences for further violence and that support and services are available for those who wish to opt in to the program. OUTCOME 3:Provide program services toall program participants who opt in. "Opting in" isdefined ao an agreement to cease illegal activity and a commitment to participate in evidence -based program interventions provided by the WAY team. Program services include shelter, transportation, food, amp|oymant, aduoaUon, chi|doona, ra|ocoUon, o|othing, mental health or addiction tnamtmont, and navigating systems. Performance measure: Aminimum of15'19program participants who choose toopt intothe program will receive program services and evidence -based interventions, In the pilot year, 19 individuals received OWTCOM8E4: Reduce quality contacts with the criminal justice system. Performance measure: Program participants who receive custom notification alone will reduce their quality contacts with the criminal justice system, measured by comparing the average number of quality contacts in the 3 years prior to the program year to the count of quality contacts following custom notification. Program participants who choose to cease vio|ent, i||agn| activity and naoaiva program services will statistically significantly reduce their quality contacts with the criminal justice system, measured by comparing the average number of quality contacts in the 3 years prior to the program year tothe contacts during the program period. EosenUa||y, this will mean neutralizing gun violence for 1D-12 participants who have been identified ashigh risk. OUTCOME 5: Reduce gang involved gun crimes in Yakima County during the program period. Performance measure: Reduce gun violence inYakima County during the program period. There will be a lower number of gun -related, gang -involved crimes committed during the program period when compared to the 12-months preceding the program. The Contractor will report on the activities identified above on a quarterly basis. Quarterly reports will be Interagency Agreement Page 110 L/LIL.U.Dly1 I I VICIUIIJC IL'. IDLN.I;JUGLIIF-.301 I F19-31440-004 Attachment B Budget The budget for the award period of January 1, 2022 through September 30, 2022 is $311,520, which shall be expended to support the activities as identified in the costs section of the City of Yakima's proposal. Note: The Contractor may not obligate or expend any funds under this award until a completed Federal Eligibility Package has been submitted to COMMERCE. Interagency Agreement Page 1 11 LJULA.1011 I GI I VelUpe IL4 Ull.DOCJIGUF-JJ I L1-.frU I L-OZON-1-J.71-n.•/.101JJLAJ / Washington State Depar Errierit ot („,o Anierre DocuSign Standard Contract Review and Routing Form Office of Firearm Safety and Violence Prevention — Public Safety Type of Action: New Contract/Grant El Federal State E Program/Project Name: Justice Assistance Grant Contractor/Grantee Name: City of Yakima Contract/Grant Number: F19-31440-004 Term: Reviewed by: Abigail Snyder Kate Kelly Title: Grant Manager Executive Director Amendment El IAG 1/1/2022 to 9/30/2022 I verify that I have: Proofed documents Matched approved Obligation Summary Memo and Allocation Spreadsheet Reviewed entry and coding in CMS Verified that correcttemplate from IntraCOM has been used OR Documentation has been included with reason for exception Date: 1/21/2022 I 9:48 PM PST 1/24/2022 I 7:38 AM psi - Updated 5/26/2021 U Certificate Of Completion Envelope Id: 60356E0F337549728264F33DCA803507 Subject: Please DocuSign: F19-31440-004 - IAG - JAG Yakima Division: Community Services and Housing Program: Justice Assistance Grant ContractNumber: F19-31440-004 DocumentType: Contract Source Envelope: Document Pages: 15 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 1/21/2022 1:55:40 PM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Abigail Snyder abigail.snyder@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kate Kelly kate.kelly@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robert Harrison tory.adams@yakimawa.gov Lieutenant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/25/2022 8:47:35 AM ID: 6df46213-0348-4028-9817-a6ac6dedae8b Signatures: 2 Initials: 2 Holder: Brianna Gomez -Catalan brianna.gomez-catalan@commerce.wa.gov Pool: StateLocal Pool: Washington State Department of Commerce Signature QS. Signature Adoption: Pre -selected Style Using IP Address: 147.55.149.225 Signature Adoption: Uploaded Signature Image Using IP Address: 147.55,149.161 DocoSligotod bp c P lgji ms EWASOCKIR5U400 Signature Adoption: Pre -selected Style Using IP Address: 205 172,45 253 Status: Completed Envelope Originator: Brianna Gomez -Catalan 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 brianna.gomez-catalan@commerce.wa.gov IP Address: 147.55.134 93 Location: DocuSign Location: DocuSign Timestamp Sent: 1/21/2022 2:11:29 PM Viewed: 1/21/2022 9:47:51 PM Signed: 1/21/2022 9:48:14 PM Sent: 1/21/2022 9:48:16 PM Viewed: 1/24/2022 7:37:58 AM Signed: 1/24/2022 7:38:34 AM Sent: 1/24/2022 7:38:36 AM Viewed: 1/25/2022 8:47:35 AM Signed: 1/25/2022 8:48:47 AM Signer Events Diane Klontz diane.klontz@commerce.wa.gov Assistant Director Washington State Department of Commerce Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Payment Events Signature DDocuSignvil by OLIAL Whi 9,9nDIT,aC.42-E4F3 Signature Adoption: Pre -selected Style Using IP Address: 198.180.5.89 Signature Status Status Status Status Status Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Status Electronic Record and Signature Disclosure Timestamp Sent: 1/25/2022 8:48:49 AM Viewed: 1/25/2022 9:09:45 AM Signed: 1/25/2022 9:09:50 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 1/21/2022 2:11:29 PM 1/25/2022 9:09:45 AM 1/25/2022 9:09:50 AM 1/25/2022 9:09:50 AM Timestamps CIGLAl U11l4 RCWIU 0111U JIyf ICI LUftl VIJUIUJUIC lea CdLCU UI I. off I FLUGU 4.4'1. 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By selecting the check -box next to 'I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.C. For Meeting of: January 18, 2022 Resolution ratifying a grant application to the Washington State Department of Commerce for funding to support Group Violence Intervention Strategies Matthew Murray, Chief of Police Tory Adams, Lieutenant SUMMARY EXPLANATION: The City of Yakima's Police Department, in cooperation and coordination with the Dispute Resolution Center of Yakima and Kittitas Counties, seek to utilize these grant funds to execute a prepared plan for Group Violence Intervention Strategies. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date 0 reso 1/13/2022 0 Commerce Grant 1/11/2022 Type Corer Memo Backup Material